My car was damaged while I was parked in the employee parking lot

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My car was damaged while I was parked in the employee parking lot

It was an individual that was out of
program, he was witnessed jumping on
the roof and the hood of my car. He
apologized to me and even said he
thought it was the agency vehicle. My
job is saying they don’t need to pay my
insurance company has to pay. I don’t
think that’s right.

Asked on May 14, 2016 under Accident Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately, your employer is right: they are not liable for the criminal or wrongful actions of this individual, even if was "out of program" and even if he attacked your car, thinking it was an agency vehicle, because your employer is not at fault--they did not cause this damage--and liability for auto accidents depends on fault. Also, an employer does not "insure" the cars of its employees, even when they are in the employee parking lot: that is, the employer does not automatically compensate the employee for any damages or losses. Again, the employer is only liable when it is at fault.
 


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